Sears Class Action Lawsuit Targets Defective Kenmore Grills

A class action alleges that Sears sells Kenmore-brand propane grills it knows are defective. Specifically, Sears uses galvanized steel instead of aluminized steel in the construction of the firebox tray, which protects the propane tank from the grill burners.  According to the class action complaint, this substandard galvanized steel prematurely rusts, potentially exposing the propane tank to the heating elements and food drippings.

The Sears defective Kenmore grill class action lawsuit asserts that the rusting firebox tray presents a serious safety risk. One online complaint to the Consumer Product Safety Commission states that the firebox tray collapsed while in use, and so “smoldering hot metal showered onto the propane tank and hoses below.” The complainant stated that he or she “could not shut off the propane tank valve because it was covered in shards of smoldering hot rusty sheet metal.”

The class action complaint alleges that the prematurely rusting firebox tray is a common issue in multiple models of Kenmore grills, and that “the Internet is replete with complaints about the Grills.”  The lawsuit cites numerous complaints which state that the firebox tray is rusty or has holes in it, and that Sears refuses to repair or replace the tray for free.  According to the complaint, “The Grills sell for approximately $300-$400, yet when customers call Sears to complain they are frequently told that the repair will cost $300-$400.”

Plaintiff Terry Barnett claims that his experience with a Kenmore grill is typical of the potential Class. Barnett states that he purchased a Kenmore grill from Sears in Port Charlotte, Florida.  He asserts that he kept the grill covered when not in use and cleaned it after using it, yet after “less than two years of use, and less than 40 total uses, the firebox tray inside of Plaintiff’s Grill rusted so badly that holes developed in the tray, which renders the Grill dangerous and unusable.”

Barnett attached pictures to the complaint, comparing a clean and new-looking outside of the grill with the rusted out firebox tray inside. The plaintiff says he called Sears several times about the issue, but has been told that the one-year warranty has expired, and it will cost roughly $400 to repair the firebox tray.

The complaint claims that Sears has acknowledged the rusty tray issue with certain models (16154, 34176, 34178, 34308 and 23683) of Kenmore grills. Sears issued a statement to a news station stating that they would provide a firebox replacement and installation at no charge to customers, according to the complaint. However, the class action lawsuit alleges that more Kenmore models are affected, and what’s needed is a complete recall of the grills by Sears.

The Sears defective Kenmore grill lawsuit seeks to represent a Class of all persons who have purchased a defective Kenmore grill at retail price and for personal use. The class action asks for damages for all affected persons, as well as a refund to all Class Members for purchase and repair of the defective grills.

Barnett is represented by Michael J. Flannery, Charles J. LaDuca, and William Anderson of Cuneo Gilbert & LaDuca, LLP, and Harry L. Pogust and Andrew J. Sciolla of Pogust Braslow & Millrood, LLC.

The Sears Defective Kenmore Grill Class Action Lawsuit is Terry Barnett v. Sears Holdings Corp., Case No. 1:16-cv-02430, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

UPDATE July 7. 2016: The Sears Defective Kenmore Grill class action lawsuit was dismissed voluntarily by the plaintiff.